ireland suggests he punched incognito in the face. that's the only advice that's been given in this whole saga. >> all right then. don't punch someone in the face. that's wrong unless you're those guys. thanks for watching. special report up next. a new apology from the president and looking on the bright side. now a new by partisan legislative proposal to delay the health care law. defending obama care is getting harder everyday. this is special report. good evening. i'm bret baier. the slogan advertising legend, in the case obama care and roll out are taking quite a licking with cancelled plans, fellow democrat, media and republicans.

whether the site is to keep ticking so to speak, that is still very much up for debate. we have fox team coverage tonight. we look at unions and exemption even carney never heard of. the rates that make insurance plans appear cheaper than they are. chief correspondent from the white house with the latest. hi ed. >> good evening. the president wrapped up an interview where he said he's sorry people have lost health insurance even though he promised otherwise. meanwhile democratic senator jo illinois in signing on legislation that would delay the individual mandate by one year, a sign of the by partisan pressure building on the president. white house officials today signalled they will not comply with the republican subpoena tonight to turn over healthcare.gov enrollment figures for the first month saying they'll release those

numbers next week. president barack obama wants to set numbers low, really low. >> enrollment for october will be lower than expected, probably significantly lower because of the problems with the website. >> democratic sources tell fox the 15 senators facing the voters in 2014 who met with the president privately late yesterday pressed him repeatedly about why the website is still not fully up and running. >>s in going to keep getting uglier and uglier hence the meeting with the with president among allies that walked the plank over there. i think they're scared. >> tom democrats like dick with the president, vice president and other officials said they assured them the site will be fixed by the end of the month. >> we're going to move forward, get the website rights and give millions of americans a chance at affordable health insurance. >> reporter: others are losing

health insurance. the efforts pushing back on notices. >> those getting notices saying their policies are changing it's because they enrolled in the last 3 1/2 years. those policies were never grandfathered and have to meet the new requirements next year. >> reporter: the washington post gave the white house three i nick owes for arguing otherwise arguing the administration's effort to place blame on insurance is not. the white house chooses to keep the focus elsewhere. carney suggested others signed you up after they maintained the law. >> you're getting three i no contest owes for suggesting thises the insurance plan. >> i did not examine all the math. i'm not sure everyone would

agree with the math specifically. when you get no argument from us there's a lot of pre-existing in the aca in this market. >> as for the website when asked today about the website still being down sometimes, carney said if it's down sometime, that means other times it's working. take good news where they can these days. >> that's right. ed, thank you. sticker shock. it's a phrase those dealing with healthcare.gov are becoming more intimate with by the day. tonight chief national correspondent jim angle looks at teaser rates and the true cost lurking behind it. >> millions of people getting cancellations notices are desperately trying to find new policies. since healthcare.gov isn't functioning properly, people are allowed to look at plans without applying. >> experiencing frustration now. if you go on the system, you can see estimates or teaser rates. unfortunately they don't match

marketplace reality. >> sample rates you see at healthcare.gov are low balling it. they're rates lower than what people will really pay. >> reporter: as you shop as an individual, there's a chance to indicate your age. there are two choice, 49 and under or 50 and over. >> for the under 50 folks, the premium they're slowing is average for a 27-year-old. for the over50 folks, the average premium is for a 50-year-old. if you're 62 or 63 that's way below the premium you'll be charged. >> the two looked on that site and it quoted a far lower rate than they got from the insurance broker that gave them the actual cost of their insurance. >> half of what you'd see if you got a real quote. >> officials and tomorrower officials emphasize these are sample rates not actual rates. those have to come from the website. >> if there are glitches in the

system at the moment, those will be adjusted. you'll see the premium you're purchasing coverage for. >> reporter: so far the website isn't working properly so people can't find the the real rates. >> when you put in more detailed information and want an actual rate at the end of the day, you can't get it. the system doesn't work. >> on every page it says in large blue paragraph that prices shown don't reflect the lower cost you may qualify for. analysts argue it should have said lower or high. >> they're misleading people. rates you're going to be charge ready much higher than what you see on the website. >> the shopping range is helpful for showing the range of prices. the the operators can't offer any information about the individual plans themselves. many will have to wait for the website to be fixed when ever that may be or call an agent to get a real rate. >> you the. now to win dell goaler on

the proposed response to union members you probably haven't heard about. union members are losing patience. >> it wasn't as much as the unions had asked for and may not be enough to satisfy them. the president barack obama administration revealed we intend to impose future rule making to prevent self-administered plans from the requirement to make contributions to the 2015-16 benefit years. it escaped the white house press secretary. >> i haven't seen that article. >> the insurances paid for jointly by unions and usually small businesses that employ them. for administration critics, it is a political payback. >> are you kidding? first of all they haven't granted it yet. if they do, it will be a

political pay back to the union at the expense of everybody else involved. >> union leaders wantsed next year's fees waived as well. $632014, 45 fwl 2015 and 16 in 2016. experts say administration officials feel next year's pool of insurance subscribers will need the additional money. >> off record they say we expect the population on obama care exchanges will be poor, sicker, older than average. the that's important to watch with enrollment statistics. >> organizeers concerns are the the fee and subsidy fees they originally wanted. the president's plan obtains the tax on insurance plans more than $10,000 that big labor has sites

on. the cadillac tax doesn't go into effect until 2018. so many have been exempted from it. democrats had to raise taxes in other parts of obama care. the people getting the ex semgss were. they hold h 1. that's of great concern to lawmakers in designing and building the obama care website, they can access personal records of millions of health care applicants. do you have questions or concerns about obama care? i bet you do. use the hashtag tweet the panel. we could be considering your questions in the discussion later. the federal bill to ban abortions after 20 weeks.

here's what fox affiliates across the country are following. in miami, the bullying saga with pro football players incognito and martin. the nfl tasked the lawyer with figuring out what really went on in the locker room. nyw in new york is following the transfat ban. no time line on when that could happen. the ban could reduce heart attacks each year. here's a live look from florida. the nest of african killer bees that have already killed two dogs. police are considering evacuations from the bees. that's the look from outside the belt way on special report. we'll be right book. jackie: there are plenty of things i prefer to do on my own.

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pro life advocates have seen success moving forward. legislation banning late term abortions at state level. now south carolina senator lindsey graham is looking to do the same at the federal level. that seems destined to spark a heated battle. >> graham introduced the ban on abortions after 20 weeks unless necessary to save the life of the mother. >> the question to us, should we remain silent as a society? or should we speak up? should we speak on behalf of these babies and my answer is yes. >> the murder trial and multiple convictions of philadelphia abortion doctor are renewing national debate about regulating late term abortions following

shocking regulations about what was going on inside his clinic. a recent poll shows 55% of americans support a ban on abortions after the 20th week of pregnancy. a milestone at which pro life advocates says science proves unborn babies can feel pain. among women, that's at 60%. 13 weeks have bans. pro choice groups are sounding the alarm about the introduction of national equivalent calling the graham legislation a dangerous and extreme bill. an unconstitutional of women's rights. th >> coming to a decision right for us is really what's important here.

that's not for a legislator to decide. >> texas state senator wendy davis known for her effort to filibuster the ban in the white house, she said i'm pro life. i care about life and have a record of fighting for people above all else. >> the house of representatives has a already passed the version of the 20 week ban. if the senate measure pass, it's unlikely the president would sign it. as the senator, he objected to protect babies a live after the botched abortion suggesting it was a back door attempt to regulate abortion. this afternoon, the employment non discrimination act was passed. now the bill heads to the house. if the house fails to arkts gray rights advocates are likely to press president barack obama for the executive order.

a big birthday for bill li graham. he turned 95 a today. hundreds joined him in north carolina. in a programming note now. my hope america with billy graham airs tonight at 10:00 p.m. a touching moment trending now. pope francis wrapped up wednesday's general audience by blessing and kissing a man disfigured. many praised the pope for come pau passion. the man suffers from the disease with growths that causes cancer. it is not contagious. a non profit rescuing dogs. in a way rescuing veterans from post-traumatic stress.

here's our correspondent. the canine for warriors non profit for veterans diagnosed after tours in iraq in afghanistan. david's wife remembers the dark days. >> he wasn't able to relax. he was shaking. i woke him up. he came up out of the bed ready to fight. his reoccurring dream is standing on an ied. if he moves, everybody blows up. >> this dog was left on the street to die. >>. on his fifth day without food or water, an animal shelter found him, made contacts with canine for warriors. canines for warriors took him in. >> a lot of vets can give up cocktail of drugs. david is down to two pills a week. they overcome anxiety and get back to work. diane saw her son wrestle with

ptsd. >> there was no question after we started the program and he received his service dog. he came back to me. the light came on. my son came home. >> during the recent government shutdown, news reports about the families denied death benefits brought the anxiety rushing back. >> these guys gave their lives for our country. for a second there, i felt alone. then i looked at willco and everything was all right. my dog. i was not alone. >> in two 1/2 year, more than 90 vets were helped. the waiting list is now held. >> maybe people are seen to be blessed by one miracle in their life. i've seen it's rewarding. >> companionship is evident in everyday things like looking at squirrels on the side of the road.

he was at the end of his rope. i was at the end of my rope. the two of us came together. we're a massachusetts he taktch. he takes care of me. i take care of him. that's a bond that can't be broken. >> to find out more about the organization and how you can get involved, head to canines for warriors.org to learn more. an in-depth look at consumer confidence heading to the holiday season and the crack smoking mayor of toronto on the booze filled tirade. wait until you see this one. stay tuned. [ female announcer ] ladies and gentlemen i'm here to say a few words about the power of baking stuff with nestle toll house morsels. you can heal a broken heart with a bundt cake. make a monday mornin' feel like a friday afternoon with some nestle toll house morsels. let's close our laptops and open our ovens. these things don't bake themselves. we have to bake them for one another.

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hits keep coming for toronto mayor rob ford made famous or emphasis for admitting to smoking crack while drunk. new video of him in a rage using extremely threatening words. after the video posted, ford said he was extremely inebriated there. secretary of state is joining iran nuclear talks in geneva. iran and six world parties are said to be making progress.

since both sides have limited leeway for compromise, a break through is far from certain. amy kellogg has more. >> reporter: there's the possibility that interim imperfect deal could be penned before tomorrow is over to end the standoff over the iran nuclear program. the the white house says the powers are key five plus one to stop the nuclear program from advancing the first time in a decade. >> for concrete verifiable measures during the first step, the five plus one was limit targeted relief that does not affect the the core sanctions architecture. >> iran would place limits on the program. >> israel totally opposes these proposals. i believe that adopting them would be a mistake of historic proportions. they must be rejected out right.

>> israel wants to see iran stop enrichi enrichi enriching all together. >> it's important they stop enrichment to impurity for the medical reactor. it's technologically a short step away from weapons material. one expert believes iran should diffuse all manufacturing sites. >> they could continue making them. if the deal falls apart, then they could emerge and deploy those fuses quickly. >> david al bright believes it's critical in the context of any deal iran address all unanswered questions about the chemical weapon program the watchdog expects it had at one time on the research and development level. this is a point he hopes won't

get lost in the counts and sanctions tweaks. >> thank you. we won't be seeing thousands of drones buzzing around american skies as soon as congress thought. the faa released the road map saying the use will be limited to personalicase by case basis. granting widespread drone access by september 2015. the agency missed several deadlines needed to make that happen. this happened not one but two winning in tuesday's election despite being dead. in one seattle sub hebe suburb leading. both men died after the filing period closed. their names could not be removed

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now some fresh pickings from the political grapevine. educating our children or endock tri nating them. that's the question asked about the fifth grade work sheet that's come to life.

enentitled hold the flag high is part of the common core, a standard backed by the obama administration. the controversialle grammar letter instructs students to correct students about the president. he, the president, makes sure laws of the country are fair end quote. finally the wants of an individual are less important than the well being of the nation. critics are not pleased. one anticommon thank said this is full of inappropriate left wing notions and information. we allow our children to be indoctrinated instead of educated. the creator will modify and work sheet because of criticism. you could add afternoon traffic jams in north carolina to the list of problems caused

by obama care. the transportation department sent out an alert message warning about the accident. the line below. possible causes, women drivers, rain, obama care. the department fired the contractor who sent it out and apologized. t. retirement is supposed to be more relaxed. on a fixed income, things can get figtight. when king albert stepped down, his funding dropped. the king considered asking for more funds. the prime minister told the parliament the government does not intent to change. a lot of economic nbs to look at today.

gross dmomestic grew. dow sunk 153 today. nasdaq 75 off. why? many analysts believe the signs of improving economy spooked the market fearful the tral reserve will pull back programs suring up the economy. twitter had a good first day. shares opening 45.10 dlarlgs after pricing $26 a share. tonight correspondent peter deuce looks at one more number. how much will consumers spend in the holiday season? >> only 48 shopping days left until christmas. holiday shoppers are set to spend $737.95 each on gifts and decorations this season. sounds like a lot. it's 2% less than last year and part of the reason morgan stanley is forecasting this will be the weakest holiday season

since 2008. cash registers may be quieter because of what's going on in the capital. >> one the government shutdown, the sequester, three the concern of higher medical costs and the part on some americans for the affordable health care act. the combination of three could cut consumer spending as much as 1% or 1 point. >> most shoppers we spoke to said they'll spend about as much this year as last year. they're going to be more careful before checking out. >> our plan changed for health care prescriptions and everything. it's more now. i'm more cautious about spending. >> i look before i buy and price things out. >> the international council of shopping centers predicting 3.4% jump in sales this season and writes although consumers are facing political and economic uncertainty, higher payroll action at thats, government shutdown, affordable care

concerns, icsc expects strong online spending this year. some companies with the most success may be the ones with the lowest prices. >> shoppers are looking for price and value. we'll see a lot of promotions as retailers go after the same customer dollar. >> consumers have been spending a lot on expensive durable goods like cars and washing machines. a reason morgan stanley thinks thinks sales on clothes will be down this season. the president has personally apologized for those that lost their health insurance coverage. we'll talk about it all with the fox all stars. keep it here. farmer: hello, i'm an idaho potato farmer.

and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

i am sorry they are finding themselves in this situation based on assurances they got from me. we've got to work 45hard to kno that we hear them. we're going to do everything we can to help folks that find themselves in a tough decision. >> president barack obama on nbc apologizing moments ago. he made it clear that he wasn't clear. williams comes with the hill. communist charles krauthammer who's got a book out second only to bill o'reilly on the best sellers list next week. >> you're doing great. >> let's talk about the president. apologizing in this interview also saying he wasn't clear. >> he was extremely clear.

he was crystal clear. he said if you have your plan and you like your plan, you'll keep your plan, period. the punctuation is the key. no context, caveats, exceptions. that's what the word period means. he couldn't have been clearer. for him to pretend he wasn't is appalling. christie had advice for the president in the interview i think last week. why don't you just say we made a mistake, we're sorry and going to try to fix it. i think that would go a long way. i don't think this president is capable of ever saying that. >> i thought he said he was sorry. if people had a misapprehension based on what he said -- >> based on assurances they got from me. >> correct. i don't think you can be much more direct. he said we're going to take steps to fix it.

the problem is that people feel they were mislead. in some cases, cancellations are a small percentage of the market. >> we've been down that road. >> we've been down a lot of roads. today i think he was generous saying he was sorry. >> i think this is going to get worse before it's better. republicans smell blood. secretary sebelius have been horrible for the white house on the pr perspective. the irony of democrats scared going to see the president is that from the report the president and white house spent a lot of time trying to hide the fact flaws were a parent in the exchanges from republicans. they didn't want to see the opposition. it turns out now it's the democrats that are the biggest problem worried about their election prospects next year. they had something to do with virginia. it's not only red state democrats. in energy energy, a state that obama won by double digits.

50% oppose obama care like in the conservative state. >> president barack obama heads to the port of new orleans tomorrow. flying on air force one, she is not going to appear at the event when the president is speaking. her office says the the u.s. senator has a long standing engagement at lake charles that takes place at the same time and she can't be in both places at once. according to the staff, lake charles is 205 miles away. >> she's reorganizing her closet. the president is toxic. the thing is called obama care. there's no running from it. it's got his name on it. you see the president and think about the policy. you know it's a disaster. the problem for democrats, they're hostage to geeks working

late into the night trying to fix a system that's not just glitches. the architecture, underlying structure is wrong. i think the likelihood of it being fixed and working like any commercial private website normally by december 1 is pretty small. the pressure on the white house will become irresistible. if it isn't up and running smoothly and perfectly, they're going to start postponements then the whole thing starts to unravel. >> take a listen to another sound bite from the nbc interview with the president. >> i regret very much that what we intended to do which is to make sure that everybody is moving into better plans because they want them as opposed because they're forced into it. that we weren't as clear as we needed to be in terms of changes that were taking place. i want to do everything we can

to make sure that people are finding themselves in the good position. >> juan, we asked people to tweet in questions. mark tweets, why would the gop embrace a one year delay of obama care or the individual mandate when it doesn't change anything except help democrats win 2014 elections? there is now a proposal by partisan from joe manchin, democrat and mark kirk, republican to delay by one year the individual mandate. mark ask asks why would republicans sign onto that delay? >> i don't know. it depends on which republicans you're talking abtsds. they're tea party people. think back to ted cruz and the shutdown. they want to destroy obama care totally. >> one of the questions back then was to delay the obama care. . that came out like if we can't shut it down, will you buy into having a delay?

>> that would be ironic to get there after all that. >> that's the case for some republicans that still remain totally opposed to obama care. i will say in terms of politic, i'll leave the programming to brother krauthammer. in terms of politics, you look at new jersey. it's the second biggest issue. jobs and economy are first. even among health care in virginia, it's a 3% difference of people that supported obama care and people that didn't. >> the economy and jobs also factor in if you you have people paying more for premiums and deductibles. we had the piece about peter that might affect holiday shopping or expenditures in the economy overall. what about the answer to mark feegan? do you think they'll embrace it? >> i think they will take what they can get when you control

one house of the legislator and don't control the white house. we'll take it, pocket hit and a year from now probably push for more delays. i think under the circumstances you take it. >> charles? >> i would reject it as a straight offer. the democrats had a chance to get the one year delay. i would say if you want a one year delay, we demand changes in the law. i think that ought to be the bargain. ment d-- the democrats are on their knees. i imagine asking for torque reform or stuff democrats ignored when they ran this through, redo and fix it on ways that are important. >> across state lines. >> whatever. impose things they rejected. now is the time of maximum leverage. >> the feeling is just what you said. for democrats, the feeling okay this is a sucker's game.

in other words they just want to pull us into something where they're not about trying the pragmatic approach. they're out to destroy it. >> reform is not a pragmatic approach to reduce hundreds of billions of of waste of on medicine every year. it's a constructive approach. it would help america and health care. next up, obama care and the unions. there are seniors who have left hundreds of dollars of savgs on the table by not choosing the rit medicare d plan. no one could hav left this much money here. whoo-hoo-hoo! yet many seniors whoompare medicare d plans realize they can save hundreds of dollars. cvs/pharmacy wants to help you save on medicare expenses. talk to your cvs prmacist, ll, or go to cvs.com/compare to get your free, personalized pl comparison today. call, go online, or visit your local store today.

this is a special treatment for unions that have supported the president but, more broadly, how are you going to fund the law if you continue to issue exemptions for some people? >> ed, i don't have anything on that.

i haven't seen that article. >> if you let the unions out now and give them special favor after they have pushed this on america and on everybody else, then what you are doing is you are basically pushing these costs on the remaining people and the unions are as high as 20%. as i understand it between 10% and 20% of people who have will to pay this according to the law unless they get a reprieve or a waiver by this administration. >> well, this is a story about the unions and a possible exemption they may get. this is a rule that was posted in the federal register by h.h.s. last wednesday. and it reads this: quote: we also intend to propose in future rule-making to exempt certain self-insured self-administered plans from the requirement to make reinsurance contributions for the 2015, 2016 benefit years. now, it may sound like gibberish to you but a number of unions fall under that and they could get an

exemption here. we are back with the panel. jason, what about it? >> the key there is self-insured and self-administered to be fair it's not only unions but big businesses. "wall street journal" had a piece on this today and it said this really isn't good enough for a lot of the businesses and unions because many of them outsource the administration of their health plan so they wouldn't qualify for the exemption, but i think the bigger point here are the optics of what is going on again. just like they bend over backwards to accommodate business and unions on things like the employer mandate, but they don't do so forth individual mandate. again, sends a signal that if you have the lobbyists, if you have the money the administration is willing doubt deals for you but if you are joe snow who just lost his plan, tough. >> tweet the panel tea party coalition tweets. this if obamacare is really a federal tax, how county administration exempt groups from a tax? of course it was called a tax by the u.s. supreme court. juan? >> right. it was called a tax by the court but i think what you

are seeing is here they are making changes on the fly that they sees a having -- to problems that they saw -- sees a unintended consequences. that they didn't fully see these things. that's all that's happening here. they are trying to fix something even as it's going forward and to come back jason said earlier, i think they are oftentimes doing it in an atmosphere in which they feel they can't be direct. they can't just stand up and say hey, we have got problem because there is some critics out here. >> whose faults with that? they ran through a bill with no republican support. >> whose fault is that no republicans are willing to work with them. >> to the point of this, it's a potential constitutional question. if they exempt certain groups based on a tax. >> obama already been unilaterally changing the law on his own, unconstitutionally lawlessly, and i'm simply surprised that the congress hasn't protested. even democrats will roux the day that they awill you the president to go ahead and to step on their, you know, the

role of congress is to pass laws. and the executive is supposed to execute them. if you allow the president, the executive to change the law you have emasculated the congress and democrats ought to remember that because one day there is going to be a republican in the white house and they are going to object. so, and that's in general. but, specifically here, this isn't unintended or unforeseen. when you give control of one sixth of the economy, to the federal government, you are going to end up with the cronyism and the favors that we have seen historically in all elements, in all societies where you have essentially socialist control. you have central control. you are going to have the kind of corruption and patronage that you have here. this is simply one small example and there is going to be a will the more to come. >> really quick, do the unions get a break? >> on this probably. because the democrats are going to give them -- the democrats want to appease constituencies. >> i think it's a break as jason said for business and unions. >> not much of one because the administration needs the money that comes in to this fee. >> that's it for the panel.

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finally tonight, we have been keeping you up to date every step of the way on the obamacare rollout fallout. but we understand the administration's back pedaling can make things a little confusing now and then. one late night show has decided to make a video met for. >> the following is a video met for for the rollout of obamacare. the dog represents obamacare. [ laughter ] the stairs represent the uphill battle it faces during this massive rollout. even though it gets off to a slow start, it will eventually be up and running. [ laughter ] sure, it will be ass backwards but it will get there this has been a video met for for the future of obamacare. >> thanks for inviting us

into your home tonight. that is it for this "special report," fair, balanced and unafraid. greta goes "on the record" right now. >> hello everybody i'm martha maccallum in tonight for greta van susteren. more on the breaking news of the president's apology tonight. that comes up in just a minute. but, also tonight, now even hollywood celebrities are starting to go after obamacare. the rollout drama is now the target of comedy. watch. ♪ obamacare by morning [ laughter ] >> why's it taking so long. >> how does that make obama feel? better off smoking crack than passing obamacare. >> this is getting on my last nerve ♪ obama care by morning ♪ over six served